Borough of Point Pleasant Beach Council Meeting Minutes
Mayor Reid called the meeting to order at 6:33PM, Present were Councilmen Vogel, Cortes, Kanitra, Toohey, Migut and Santanello. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.” The Governing Body reserves its right to amend and supplement the purposes of executive session by motion at the public meeting.
The Municipal Clerk read the Resolution for Executive Session: “Whereas, Section 8 of the Open Public Meetings Act permits the exclusion of the public from a meeting in certain circumstances; and whereas, this governing body is of the opinion that such circumstances presently exist. now, therefore, be it resolved by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean and State of NJ, as follows: the public shall be excluded from discussions concerning the hereinafter specified subject matter; the general nature of the subject matter discussed is as follows: possible acquisition of real property. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.”
Motion by Councilman Migut to enter Executive Session was seconded by Councilman Santanello and carried by roll call vote and carried by consent of Council.
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello ….YEA
CLOSED SESSION BEGAN AT 6:34PM AND ENDED AT 7:03PM
Mayor Reid called the meeting to order at 7:30PM. Present were Councilmen Vogel, Cortes, Kanitra, Toohey, Migut and Santanello. The Municipal Clerk read the notice indicating compliance with the Open Public Meetings Act: “Adequate notice of the time and place of this meeting was given under the provisions of the Open Public Meetings Act and was posted and sent to the officially designated newspapers in compliance with the law.”
Flag Salute & Invocation
Motion by Councilman Vogel to approve the January 16, 2018 Council meeting minutes was seconded by Councilman Cortes and carried by roll call vote.
VOTE: Councilmen Vogel, Cortes, Kanitra, Migut, Santanello ….YEA
Councilman Toohey….ABSTAIN
DISCUSSION: Street Tree Removal by the County
Councilman Vogel: Ocean County Road Department removed 21 trees, 19 of them in front of residences on County roadways – Shade Tree is asking for guidance – they feel the trees should be replaced – been done in past but not to this magnitude – scope of the Shade Tree Ordinance is vague as to County removal/replanting on County right-of-way (Mayor Reid: asked if there is money in the budget to help replant for the residents; Councilman Kanitra: asked if anyone reached out to County (yes – they don’t care); Attorney Riordan: can’t force residents to replant what the County removed; BA/CFO Riehl: a lot of the trees had Sandy damage and were unsafe; Councilman Cortes: tree assessment was done; BA/CFO Riehl: was 5-7 years ago; Attorney Riordan: could do a special assessment – a very unusual procedure for something like this – but there is a method to do that; BA/CFO Riehl: can obtain a cost estimate and then a decision can be made; Mayor Reid: residents shouldn’t be on the hook) would encourage the Borough to reach out to these residents first for this year’s tree allotment.
COMMITTEE REPORTS:
Councilman Vogel: Chamber events and Summer Concert Series are coming up – looking for grant funding and sponsorship for concert series – looking forward to another great summer (Mayor Reid: asked him to work with him, BA/CFO Riehl, the DiPasquales and Mike Corona on calendar cost, etc).
Councilman Cortes: recognized employee anniversaries for February: Matt Duffy 24 years, Pete Andreyev 24, Mike Fioretti 24, Mark Distelcamp 21, Bob Kowalewski 15, Andy Meany 15, Chris Mosca 15, Joe Gippetti 14, Mike Gatnarek 7; the Beautification Committee and DPW took down Christmas decorations – will coordinate with DPW Super Trout to get the swags down – Mayor Reid volunteered to help as well; moving along on the Inlet – the cap is on the sheeting and fill gravel and sand is there; Albert Marine is moving along with the dredging (Councilman Kanitra: spoke with Engineer Savacool about using the dredged fill in the degraded fishing area – portion might not be usable) will call Engineer Savacool tomorrow about that; called the Engineer about bulkheads on private property, which are the responsibility of the homeowners – one resident asked if his could be fixed when the lake is dredged; intersection of St Louis & Washington floods and freezes over – asked Mayor Reid to reach out to the County (Councilman Kanitra: should be 2 sewers and there is only 1; Mayor Reid: will reach out to the County Engineer and bring this up again with them); the RFP for the bath house is on the agenda – hopes to move forward in a different direction; payment to the roofing contractors is on the agenda – hopes there are no more raccoons or leaks; received 25 applications for the DPW Laborer positions – BA/CFO Riehl and DPW Super Trout will weed through and the Personnel Committee will interview.
Councilman Kanitra: met with John Meehan from JCP&L – went through the current layout – asked them to conduct a light audit to look at energy efficiencies and LED lights – meeting again in a week or two – there are options for changing out the unsightly cobra head lights with colonial-looking ones, at no cost; the ACOE dune project will reach PPB borders in June – Mayor drafted a supporting letter to the State and he reached out to Senators Booker and Menendez and Congressman Smith they are trying to change the June date, which could be detrimental and disruptive to beaches, businesses and renters; met with Save Barnegat Bay – $20M in State funding is becoming available – one pot of money is earmarked for the northern Barnegat Bay watershed of northern Ocean County – they feel PPB has a good chance of securing for projects like Lake of the Lillies aeration and Lake Louise and Little Silver Lake gates – smaller grants are available for native species and phragmites removal – Save Barnegat Bay will help with the process – they meet with the Engineer regarding algae and soil samples; Green Team item on the agenda goes along with Sustainable Jersey certification – Environmental Commission worked hard to get individuals from throughout the town; have secured 10 free No Smoking signs from the State to complement ordinances; Councilman Cortes was able to get language back in Ordinance 2018-01 for public access TV; in conjunction with Councilman Santanello, bringing back the bonfire on the first Saturday after Labor Day – a kickoff to local summer – someone in town will chair the committee – Key Club will help – will have s’mores and an acoustic band – another event to bring the community together.
Councilman Toohey: a Budget Workshop will be held on February 27th – must introduce the budget by March 16th – trying to work on the interplay between surplus and revenue – PPB is unique, as both are consistently generated/regenerated for financial security – been thinking about the repayment of the Community Disaster Loan in 2019 – in really good shape – with the dunes coming, it is prudent to be conservative in projections – looking at the big picture – shouldn’t be anywhere near the allowed 2%; is in the planning phases of a Recreation Wrestling Program – have the implied support of the Recreation Committee – is hoping for Governing Body and Board of Education support – looks forward to bringing it back – a lot of residents have been asking for it (Councilman Santanello: it’s an open gym program).
Councilman Migut: will speak to the Engineer regarding the Flood Plain Management Committee, which will begin meeting in February; the Planning Board is meets tomorrow on an application for a sushi bar/coffee shop at Channel Dr & Broadway – a derelict building will be removed; thanked Councilman Kanitra for contacting the High School about Student Government Day in May for the Senior AP Government class – 17 students will run a Council Meeting; asked BA/CFO Riehl if the water leak on East Street would be taken care of (BA/CFO Riehl: hired a plumber).
Councilman Santanello: the Recreation Committee Easter Egg Hunt and the Summer Recreation Program are on the agenda – Mayor Reid will be there; reported on police activities since the last Council meeting: training included DWI and Field Sobriety, Canine, Arrest Search and Seizure and SWAT – there were arrests for disorderly conduct, resisting arrest, simple assault, defiant trespass, possession of CDS and possession of drug paraphernalia – a Community Policing Program on active shooter training and security measures will be held on February 21st at St. Peter’s – all pastors, organists, youth leaders, Sunday school teachers and any other congregation members will benefit by attending (Mayor Reid: this all started from a meeting that was held here); need to get the word out about Chair Yoga and Book Club.
Mayor Reid: authorization for the 63rd Army Band Concert on July 1st is on the agenda – last year, it got rained out after 2 great songs and they are coming back; NJ’s Tall Ship, the A.J. Meerwald, is coming to PPB June 20-25, docking by the Shrimp Box – it’s a 115-foot 1928 schooner – will take people on rides – maybe one night can include a fundraiser for the Historical Society.
BA/CFO Riehl: No report.
The Clerk announced revisions/additions to the agenda.
PUBLIC PARTICIPATION BEGAN AT 8:06PM.
Vincent Castin, PPB: asked that the opening on Chicago Ave, where water is coming in, be checked; asked if PPB could join other town’s dune project protests; suggested the tall ship could tie into the boat museum that that is interested in the Coast Guard Station; asked about 3g and 3f.
Marilyn Burke, PPB: asked about 4g; homeowners shouldn’t have to replace the County trees.
Dave Cavagnaro, PPB: asked for information on closed session matter; asked that 2p be put online; asked about 2r, 2v and 2x.
Sandra Kuhlwein, PPB: her daughter, PPBHS graduate, is running the Multiple Myeloma Walk for her father in remission – thanked Governing Body for her – looks forward to many successful years.
Bob Maloney, PPB: asked about Jenkinson’s part of the dunes.
PUBLIC PARTICIPATION ENDED AT 8:23PM.
Councilman Kanitra: asked that 3e be carved out – CONSIDERED AS RESOLUTION 5.
Councilman Santanello: asked that 2u be carved out – CONSIDERED AS RESOLUTION 6.
Motion by Councilman Toohey to close public participation and approve the items listed below was seconded by Councilman Santanello and carried by roll call vote:
CONSENT RESOLUTION 1:
1a Approval of 2 W/S relief requests
1b Approval of S/E app for Rec Cmte Easter Egg Hunt in Pleasure Park, 3/24 (rain date 3/31)
1c Approval of S/E application for Rec Cmte Summer Park Program, 6/25-8/3
1d Authorization for Borough to request a free 63rd Army Band concert on 7/1, 7PM at band shell
1e Approval of PO to CIT Finance for monthly Clerk’s office copier lease fees ($4,097.28)
1f Approval of PO to Wells Fargo for monthly Bldg Dept copier lease fees ($2,977.08)
1g Approval of payment to T&M Assoc from Pl Bd, BOA & Developer escrow accounts
1h Approval of Banner Permit app for Alzheimer’s NJ banner on Arnold, 9/7-21
1i Approval of PO to All Covered for monthly IT maintenance & support ($16,800)
1j Approval of PO to JR Henderson Labs for 2018 water tests ($4K)
1k Approval of PO to NJ American Water for monthly hydrant service ($3,788.40)
1l Approval of payment to D. Sweet from BOA escrow accounts
1m Approval of payment to BTMUA for December bulk water usage ($47,502.03)
1n Approval of payment to F&C Auto Supply for DPW auto parts, Jul-Dec 2017 ($3,102.49)
1o Approval of payment to Ocean County Landfill to replenish escrow ($50K)
1p Approval of PO to Liberty Elevator for 2018 elevator service ($3K)
1q Approval of PO to Winzer Corp for 2018 shop supplies ($3K)
1r Approval of PO to Van Wickle Auto Supply for 2018 DPW auto parts ($6K)
1s Approval of PO to Turbo Electric for 2018 electrical work ($2,500)
1t Approval of PO to Tennant Sales & Service for 2018 sweeper parts & service ($3K)
1u Approval of PO to Solitude Lake Management for 2018 lake treatments ($3,500)
1v Approval of PO to Service Tire Truck Center for 2018 rims/tires/tire repairs ($6K)
1w Approval of PO to Riggins for 2018 fuel ($60K)
1x Approval of PO to Serpro for 2018 janitorial supplies ($6K)
1y Approval of PO to Bain’s Point Hardware for 2018 assorted repair parts/paint ($4K)
1z Approval of PO to Keystone Mid-Atlantic for 2018 sweeper brooms ($6K)
CONSENT RESOLUTION 2:
2a Approval of PO to Hutchinson Plumbing for 2018 plumbing & heating ($6K)
2b Approval of PO to Atlantic Salt for 2018 de-icing material ($5K)
2c Approval of PO to Cherry Valley Tractor Sales for 2018 tractor parts ($3K)
2d Approval of PO to Coastal Cleaning Services for 2018 floor maintenance ($5,400)
2e Approval of PO to F&C Auto Supply for 2018 DPW auto parts ($6K)
2f Approval of PO to Fastenal for 2018 DPW shop equipment ($2,500)
2g Approval of PO to Edwards Tire Co. for 2018 DPW tires and repairs ($2,500)
2h Approval of PO to Creston Hydraulics for truck/plow parts ($3,500)
2i Approval of PO to Glenco Supply for 2018 sign materials ($3,500)
2j Approval of S/E app & fee waiver for Chamber Downtown Sidewalk Sales, 5/17-19 & 8/9-11
2k Approval of S/E application & fee waiver for Chamber Ladies Night Out, 7/12
2l Approval of S/E app & fee waiver for Chamber Christmas Tree Lighting, 11/23 (rain: 11/24)
2m Approval of S/E application for Chamber table on Boardwalk, Memorial Day-Labor Day
2n Approval of payment to the Galvin Law Firm from BOA escrow accounts
2o Approval of Banner Permit app for Chamber Sidewalk Sales banner on Arnold, 5/10-20 & 8/2-13
2p Approval and authorization for Mayor to sign the Shade Tree 2017 Annual Report
2q Approval of payment of Payroll #2 ($267,414.43) and #3 ($262,355.47)
2r Approval of S/E app for Kuhlwein’s Multiple Myeloma Walk on Boardwalk, 4/15
2s Approval of Arc of NJ’s S/E app to place an info table on the Boardwalk, 7/13 (rain date: 7/20)
2t Approval of Clean Ocean Action Beach Sweeps on 4/21 and 10/20
2u CONSIDERED SEPARATELY AS RESOLUTION 6
2v Authorization to advertise an RFP for the bath house/concession stand
2w Auth for Attorney to draft an ordinance amendment to create a handicap spot at 301 Cooks Ln
2x Establishment of/appointments to Green Team Advisory Cmte/Passage of Sustainable Use Resolution
2y Authorization/determination/provision of form, issuance, sale, execution & delivery of NJIB Note
2z Approval of payment to the OC Road Dept for 2017 Schedule C sweepings ($3,164.41)
CONSENT RESOLUTION 3:
3a Approval of S/E app & fee waiver for Chamber Food Truck Show in Borden’s lot, 6/2-3 & 10/27-28 (rain: 6/9-10 & 11/3-4)
3b Approval of PPBHS PTO request to hold annual spring Town-wide Garage Sale, 6/2 (rain: 6/3)
3c Authorization for Engineer to apply for CDBG funds for various roadway & sidewalk improvements within the Designated Target Neighborhood
3d Authorization to bid the Parkway Reconstruction project
3e CONSIDERED SEPARATELY AS RESOLUTION 5
3f Approval of payment to Atlas Welding Supply for MIG welder ($2,700)
3g Authorization for Attorney to draft changes to flood ordinance
CONSENT RESOLUTION 4:
4a Approval of payment to Baycomm for siren for PPB Fire Co. No. 2 ($2,734.75)
4b Approval of payment to Safran Morphotrak for PD Livescan Systems ($31,684.88)
4c Approval of payment to Winner Ford for 2017 police interceptor and emergency lights/siren/radio
4d Approval of PO to Van Wickle Auto Supply for 2018 police vehicle parts ($8K)
4e Approval of PO to Pt. Pleasant Bicycle for 2018 police bike parts & repairs ($5K)
4f Approval of PO to The Hungry Puppy for canine police officer food ($2,500)
4g Approval of PO to Eagle Point Gun for 2018 police ammunition ($20K)
4h Approval of PO to Downs Ford for 2018 police car parts ($2,500)
4i Approval of PO to McNamara Screen Print & Embroidery for 2018 PD uniform supplies ($15K)
4j Approval of PO to Action Uniform for 2018 police uniforms ($15K)
4k Auth for Mayor to execute MOU for OC Sheriff’s Office Homeland Security grant for PD ($35K)
4l Approval of payment of computer-generated vouchers ($2,439,284.30)
4m Authorization to auction surplus police vehicle on GovDeals.Com
VOTE: Councilmen Vogel (except 4), Cortes, Kanitra, Toohey, Migut (except 4a), Santanello….YEA
Councilmen Vogel (4a-m), Migut (4a)….ABSTAIN
Per Borough Attorney, assume usual abstentions on item 4l with which Council has conflicts.
Councilman Kanitra: upset about roof repairs – BA/CFO Riehl’s and Karen Mills’ offices had issues – there were raccoons – shoddy work – asked if there is anything Council should know about the contract or the work (Attorney Riordan: should have this discussion in Closed Session, if looking to take action; Councilman Toohey: asked if there is recourse; Attorney Riordan: can hire expert to determine what went wrong and why – should compare what could be recouped to the cost of hiring a professional and litigating; Mayor Reid: all have concerns – maybe should put off for a couple of weeks and look into a bit; Councilman Cortes: still has concerns, but the Engineer did sign off on it; Attorney Riordan: there is a Fair Payment Act – if the Engineer signed off, the Borough should pay – can hold for a very short time – payment of this invoice is separate from taking action on shoddy workmanship; Mayor Reid: Councilman Cortes should meet with BA/CFO Riehl and bring back in 2 weeks).
Motion by Councilman Cortes to TABLE the item listed below was seconded by Councilman Kanitra and carried by roll call vote:
RESOLUTION 5: Approval of CO #’s 2 & 3 & Pay Cert # 5 to Journey Contracting for roof repairs
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello….YEA
Councilman Santanello: asked why the Green Communities Gant is needed, as there is no forest in PPB (BA/CFO Riehl: for tree inventory & forestry management plan; Councilman Vogel: one of the Shade Tree Commission’s objectives for the year; Mayor Reid: been done before).
Motion by Councilman Santanello to approve the item listed below was seconded by Councilman Cortes and carried by roll call vote:
RESOLUTION 6: Authorize BA/CFO to apply for $3K Green Communities Grant & if awarded, execute agreement/amendments, match 50% of project cost and seek quotes for consultant
VOTE: Councilmen Vogel, Cortes, Kanitra, Toohey, Migut, Santanello….YEA
ORDINANCE:
Attorney Riordan: prepared an ordinance for last meeting, based on Comcast’s offer and PPB’s existing ordinance – Governing Body wanted community access channel added back, which Comcast approved – revised the draft and put the language back in – Comcast responded with changes, which he feels are unnecessary, such as adding back language where there is no change – important change is with respect to indemnification language – he updated it to match present law – Comcast says language it is not needed, as the Statute requires it – recommends including it – leaves public access language to Councilman Cortes (Councilman Cortes: PPB will never have its own channel; Councilman Kanitra: no other towns are using the existing one, so it would de facto become PPB’s) recommends introducing an ordinance that combines the 2 drafts (Councilman Toohey: asked what State statute says about cable franchise agreements and if they are required – suggested it’s a monopoly) yes – required by ordinance, with parts required by statute (Councilman Toohey: Assemblyman Clifton is not PPB’s friend – signing off on 15 years of obsolete technology; Councilman Cortes: a second company would have to install new infrastructure and do an overbuild, which is problematic) suggested an agreement of shorter duration (Councilman Kanitra: asked if the ordinance grants non-exclusive municipal consent; Councilman Vogel left at 8:42PM) other cable franchises could make offers – things like FIOS, which are not cable, are not regulated by the BPU in the same way – Council would have no input on them (Councilman Toohey: a franchise agreement is a promise that residents will pay Comcast for the next 15 years; Councilman Kanitra: if PPB doesn’t sign, Comcast will shut their system off; Councilman Cortes: it happened in Brick; BA/CFO Riehl: getting $18K + 2% of basic cable subscribers every January – roughly $30K/year).
Ordinance 2018-01 (Cable System Franchise Renewal) was considered on first reading. Motion by Councilman Cortes to approve Ordinance 2018-01 on first reading (including Comcast’s access language, Council’s language with respect to No Changes in specific sections and the indemnification language drawn by the Borough Attorney) was seconded by Councilman Migut and carried by roll call vote. The public second reading/public hearing will be held on February 20, 2018.
VOTE: Councilmen Cortes, Kanitra, Migut ….YEA
Councilmen Toohey, Santanello….NAY
Councilman Vogel….ABSENT
PUBLIC PARTICIPATION BEGAN AT 8:48PM
Dave Cavagnaro, PPB: asked about playground at Loughran’s Point (Councilman Kanitra left at @8:48PM), about cutting weeds by Little Silver Lake and if JCP&L can increase wattage on Parkway.
PUBLIC PARTICIPATION ENDED AT 8:53PM
Motion to adjourn by Councilman Toohey was seconded by Councilman Santanello and carried by consent of Council. Meeting was adjourned at 8:53PM.
ATTEST:__________________________________
Eileen A. Farrell, RMC
Municipal Clerk
